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|Case Number:||civil misc appl 38 of 02|
|Parties:||Timothy Ayieko Olingo v Republic|
|Date Delivered:||25 Nov 2002|
|Court:||Court of Appeal at Kisumu|
|Judge(s):||A B Shah JA|
|Citation:||Timothy Ayieko Olingo v Republic 2002] eKLR|
|Case History:||(An application for extension of time to lodge an appeal out of time from a Judgment of the High Court of Kenya at Kisumu (Mr. Justice B.K. Tanui) dated 9th November, 2001 in H.C.C.CR.A 109 OF 2001)|
|Parties Profile:||Individual v Government|
|History Docket No:||H.C.C.CR.A 109 OF 2001|
|History Judges:||Barabara Kiprugut Tanui|
|Case Outcome:||Application dismissed.|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
CORAM:SHAH, J.A. (IN CHAMBERS)
CIVIL APPLICATION NO. NAI.38 OF 2002 (KSM.20/2002)
TIMOTHY AYIEKO OLINGO ................................APPLICANT
(An application for extension of time to lodge an appeal
out of time from a Judgment of the High Court of Kenya
at Kisumu (Mr. Justice B.K. Tanui) dated 9th November,
H.C.C.CR.A 109 OF 2001)
R U L I N G
The applicant was convicted of the offence of causing grievous bodily harm contrary to section 234 of the Penal Code. He was sentenced to serve 4 years imprisonment. His first appeal to the High Court was dismissed. He wishes now to appeal to this Court for which purpose he is seeking extension of time to lodge his notice of appeal.
Therespondent opposes the application on the ground that the application discloses no point of law on mixed fact and law which would entitle the applicant to successfully mount an appeal. I am not really concerned with the alleged irregularities in the dates of filing of this motion. The motion is filed on 24th July, 2002. Supported by an affidavit sworn on 23rd May, 2002. There is nothing wrong in the manner the application is brought up. The only paroblem is that in the intended appeal would be an exercise in futility. I dismiss this application.
Dated and delivered at Kisumu this 25th day of November, 2002.
A. B. SHAH ................
JUDGE OF APPEAL
NOTE:The applicant complains of health problems,
particularly diabetis. I direct the prison authorities
to have him regularly treated if what he says is
A. B. SHAH ..................
JUDGE OF APPEAL
I certify that this is a true copy of the original.